2016 highest 3814 Violation of the Territorial Sea and Contiguous Zone Act

띵○○○ ( DING ○ ○ , 1971 . 8 . 10 . 생 ) , 선장

Residence Doksung Doksung City of the Republic of China

Nationality People's Republic of China

Kim Dong-hee (Lawsuits) and Lee Dong-hee (Trial)

Attorney Park Hyun-soo (Korean National Assembly Line)

August 25, 2016

A defendant shall be punished by imprisonment for two years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Criminal Facts

The defendant is a captain who exercises overall control over the operation and fishery activities of a Chinese fishing vessel (a 30 tons vessel; hereinafter referred to as the "the above vessel") on the name and fine-free on board, which is a Chinese vessel running through the transit of the shipment at the time of Taesung (SI).

A foreign vessel may make a free port of sea through the territorial sea of the Republic of Korea to the extent that it does not disturb peace, public order, or security of the Republic of Korea, and if a foreign vessel engages in fishing while passing through a foreign vessel, it shall be deemed to impair peace, public order, or security of the Republic of Korea, and crew or other persons on board of a foreign vessel shall not violate such provision.

Nevertheless, the Defendant started on May 18, 2016: around 00, from 00, 7 other crew members on board the said vessel at the port of Madong-si, China; opened a port to load 1,000 fishing gear; opened on June 12, 2016, at around 00, approximately 11 nautical miles (38°01’s northwest-do, 124°23’s east-do, Incheon, where the territorial sea of the Republic of Korea is over one nautical miles (30’s north latitude; 124°23’s east-do; 12:10’s east-do 10’s east-do 10’s east-do 10’s east-do 110’s east-do 10’s east-do 12:5’s east-do 10’s east-10’s east.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1 . 짜○○○ , 짱○○에 대한 경찰 진술조서 ( 통역 )

1. Records of seizure and the list of seizure;

1. Each report on the situation, arrest photographs of the Nana Chinese fishing vessel, the details of detection, the details of appearance, and the name and pseudonym of the vessel (no record);

Registered Chinese fishing vessel), on-site verification photographs, investigation reports (execution of a warrant of search, seizure and verification, and entrustment officer of a seized vessel)

§ 30,00,00,000,000,000,000,000,000,000,000

Ordinances

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 7(1) and 5(2)10 of the Territorial Sea and Contiguous Zone Act, and the choice of imprisonment

1. Confiscation;

Article 7(1) of the Territorial Sea and Contiguous Zone Act

Reasons for sentencing

The Defendant committed the instant crime in violation of the Territorial Sea and Contiguous Zone Act at the Incheon District Court in 2011, even upon receiving a summary order of a fine of KRW 10 million. The Defendant, without a license, exercised the overall authority over the operation of a ship as the captain, and performed work at the time of determining the place of operation, navigation, and work for the crew. The instant vessel was unregistered and its size was small and did not separately have a mate and engineer. The Defendant did not have a vessel but did not have a separate sear and engineer. The Defendant followed the direction of the sea at the time of breath, and complied with the Defendant’s age, character and conduct, environment, motive and circumstance of the commission, and circumstances after the commission of the instant crime. In full view of various circumstances, the Defendant’s age, character, and environment, as well as the motive and circumstance of the commission of the crime, the sentence shall be determined as ordered by the Disposition.

Judges Kang Young-young